DOT Marijuana Rescheduling Update: What Safety Sensitive Employees and Employers Need To Know

Abby Willroth is a NAADAC-qualified Substance Abuse Professional located in Central Arkansas. "If you have questions pertaining to DOT Alcohol & Drug Testing Regulation, the Role of an SAP or the Return-To-Duty process, ASK A SAP!"

An update on the December 2025 Executive Order on marijuana rescheduling and what it means for DOT regulated employers and safety sensitive transportation workers. Marijuana remains a prohibited substance under DOT rules, and all 49 CFR Part 40 requirements stay in place.

Overview

On 18 December 2025, an Executive Order directed the Department of Justice to begin the process of moving marijuana from Schedule I to Schedule III under the Controlled Substances Act. This announcement has created understandable confusion among employers, safety sensitive employees, and service agents in the transportation industry.

Willroth Consulting is providing this update to clarify what the Executive Order means and what it does not change.

Marijuana Remains a Schedule I Substance Today

The rescheduling process has not been completed. Until all federal steps are finished, marijuana remains classified as a Schedule I substance. That federal classification governs DOT drug testing regulations.

DOT regulated employees must continue following all current rules. Marijuana use continues to be prohibited for all safety sensitive transportation workers.

Who This Applies To

The rule continues to apply to individuals working in safety sensitive functions regulated by the:

• Federal Aviation Administration

• Federal Motor Carrier Safety Administration

• Federal Railroad Administration

• Federal Transit Administration

• Pipeline and Hazardous Materials Safety Administration

• United States Coast Guard

This includes safety sensitive employees behind the wheel of a school bus, in the cockpit of a plan, behind the wheel of an 18-wheeler, at the helm of an oil tanker, at the throttle of a train, in the engineer compartment of a subway car, or at the emergency control valves of a natural gas pipeline and mariners.

No Changes to DOT Drug Testing Rules

DOT has confirmed that the Executive Order does not change any part of the drug testing program. The following remains in full effect:

• Employers must continue to conduct drug testing consistent with 49 CFR Part 40 and their modal rules.

• Marijuana remains one of the required test panel substances.

• Employees who test positive for marijuana must be removed from safety sensitive duties and referred to a qualified Substance Abuse Professional.

• CBD, medical marijuana cards, state legalization, and recreational use do not excuse a DOT violation.

• Laboratories, MROs, collection sites, and SAPs must continue to follow all current procedures.

There is no exception for personal, medical, or state legalized use.

Impact on SAP Evaluations and the RTD Process

There are no changes for SAPs. All recommendations, evaluations, follow-up requirements, and Return to Duty processes remain governed by 49 CFR Part 40. Safety-Sensitive employees who violate federal drug testing rules will continue to follow the same RTD steps.

What Happens Next

The federal rescheduling process can take time. Any future regulatory changes will require:

• Completion of the DEA rescheduling process

• Review by HHS and other federal agencies

• Formal rulemaking by DOT if any adjustments are considered

DOT has not announced any proposed changes to the drug testing program.

Willroth Consulting will track all developments and provide updates to employers and safety sensitive employees.

Commitment to Transportation Safety

A safe transportation system relies on consistent compliance with federal drug and alcohol testing regulations. Until the rescheduling process is complete and DOT issues new rules, all current requirements remain active.

You can review the Executive Order here: INCREASING MEDICAL MARIJUANA AND CANNABIDIOL RESEARCH – The White House